Rights of light—obstruction notices

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Rights of light—obstruction notices
  • Light obstruction notice procedure
  • Effect of a light obstruction notice
  • Cancellation
  • Possible reform

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of applying for a temporary or definitive certificate, the effect on rights of light of registration of a LON and the procedure for registering such a notice, and the circumstances in which it can be cancelled.

Light obstruction notice procedure

The owner of a building may acquire a prescriptive right to light across adjacent land if light is enjoyed for 20 years without interruption of a year or more.

Under the Rights of Light Act 1959, the owner of the adjacent land may prevent rights being acquired by applying to the local authority or HM Land Registry (HMLR) for the registration of a notice that is equivalent to the obstruction of the light, known as a LON. Which body the owner should apply to will be governed either by the Local Land Charges Rules 2018, SI 2018/273 or Local Land Charges Act 1975. The Infrastructure Act 2015 amended the 1975 Act to provide for the transfer of the local land charges statutory function from local authorities to the Chief Land Registrar. The 2018 Rules brought this amendment into effect, such that the transfer of responsibility will have effect in relation to the area of a local authority on and after the

Popular documents